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1. Notwithstanding full compliance with all of the terms and provisions of this Part or the grant of a permit for the installation, maintenance and use of an existing or new appliance or full compliance with all air quality control and management provisions of any federal, state, regional or local statutes, ordinances, rules or regulations of the Township of Plains may suspend a permit and declare the existence of a public nuisance created by emissions from any appliance upon the grounds that it is necessary to so act to protect the public health, safety and welfare of the residents of the Township of Plains and their property if any of the following conditions occur:
A. Malodorous air emissions from the appliance are detectable by persons or the public generally beyond the property of the owner(s) on whose premises the appliance is located.
B. The emissions from the appliance interfere with the rightful use and enjoyment of life and property of another, causes severe annoyance or discomfort, is offensive or objectionable, or all of the foregoing conditions to any person who lives within the range of the emissions from the appliance into the ambient air.
C. The emissions from the appliance cause damage to vegetation or the property of another person.
D. The emissions from the appliance are or may be harmful to the health of any person or to the public generally.
2. Nothing contained in this Part shall be construed to authorize any installation, maintenance or use of any appliance that is or becomes a public or private nuisance regardless of compliance with the terms and provisions of this Part.
3. This Part shall not be a defense to any civil claims.
(Ord. 2009-2, 1/8/2009, § 4)
1. No person or entity shall cause, allow or maintain the installation or use of an appliance without first having it registered as an existing appliance or inspected and having obtained a permit issued by the Township of Plains as a new appliance within the periods of time stated in § 10-103 of this Part.
2. An application for the registration of an existing appliance or for a permit for a new appliance or for a permit for any modified or suspended appliance shall be made to the Township of Plains Zoning and Code Enforcement Officer on forms furnished by the Township of Plains. The applicant shall furnish the following information on the application:
A. Name and address of the applicant (owner of appliance) and the property owner. If the appliance is installed, maintained and used on premises owned by a person other that the owner of the appliance.
B. Legal description of the property.
C. A sketch of drawing of the dimensions of the applicant’s complete premises, including, locations of all structures thereon and of the appliance’s proposed locations relative to adjoining property lines and the front street line and the distances from all adjoining property lines measured from the proposed location of the appliance.
D. A copy of the appliance manufacturer’s installation specifications and use instructions.
3. Prior to the registration of an existing appliance or the issuance of a permit for a new, modified or suspended appliance, the Township of Plains Zoning and Code Enforcement Officer shall inspect the appliance and all associated equipment and appurtenances thereto to determine compliance with its manufacturer’s installation specifications and use instructions, as provided in § 10-103 and Paragraphs 4. and 5. of this Section of this Part. Prior to the registration of an existing appliance or the grant of a permit for a new, modified or suspended appliance, the Township of Plains Zoning and Code Enforcement Officer shall issue a written report of such inspection, the original of which shall be maintained as a permanent record of the Township of Plains and a copy of which shall be delivered to the owner of such appliance.
4. In the event that the maintenance and use of an appliance is suspended for any reason whatsoever for a period of 18 consecutive months, such appliance must be inspected by the Township of Plains to determine full compliance with all of the manufacturer’s installation specifications and use instructions in the manner provided for new appliances in § 10-103 of this Part. Should such full compliance be determined, a new permit shall be issued in the manner herein provided. A suspended appliance shall be considered as a new appliance hereunder.
5. In the event that an appliance is modified in any way or for any reason whatsoever, such appliance must be inspected by the Township of Plains to determine full compliance with all of the manufacturer’s installation specifications and use instructions; provided, however, if it is an existing appliance, which as not been relocated on the premises, the manufacturer’s installation specifications and use instructions as to setbacks will not apply. Should such compliance be determined, a permit shall be issued in the manner herein provided.
6. All appliances, associated equipment and materials, and fuel used shall be subject to inspection by the Township of Plains Zoning and Code Enforcement Officer at any reasonable time to assure compliance with the terms and provisions of this Part. The Township of Plains Zoning and Code Enforcement Officer is authorized to enforce all provisions of this Part. In furtherance of his or her duty and right to such enforcement, he or she may enter upon and inspect any parcel of land for the purpose of ascertaining compliance with the provisions of this Part upon the presentation of his or her credentials to the occupant of such parcel of land.
7. A. registration of a permit may be suspended at any time for a violation by the owner/operator of the appliance and the owner of the premises to comply with all of the terms and provisions of this Part or to protect the public health, safety and welfare of the residents of the Township of Plains.
8. A suspended registration or a permit may be reinstated when the Township of Plains Zoning and Code Enforcement Officer determines that the condition(s) which resulted in the suspension is/are remedied and written reasonable assurances of the owner/operator of the appliance and the owner of the premises are given that such condition(s) shall not occur again. Recurrence of a condition, which had previously resulted in the suspension of a registration or a permit, shall be considered as a violation of this Part and shall be subject to the penalties provided herein.
9. The fee for the issuance of permits hereunder shall be the sum in an amount as established, from time to time, by resolution of the Board of Commissioners upon the enactment of this Part and shall be subject to subsequent amendment from time to time by an ordinance of the Township of Plains. [A.O.]
(Ord. 2009-2, 1/8/2009, § 5; as amended by A.O.)
Nothing contained herein shall authorize or allow burning within and emissions from or burning or combustion associate with or generated by appliances, which acts and conditions are or may in the future be prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Agency, Pennsylvania Department of Environmental Protection, or any other federal, state, regional or local agency authorized to exercise jurisdiction over air quality control management. All new appliances, and all electrical, plumbing or associated equipment or appurtenances used in connection with existing appliances, shall be installed, operated and maintained in strict conformity with the manufacturer’s installation specifications and use instructions and any and all local, state and federal ordinances, codes, laws, rules and regulations.
(Ord. 2009-2, 1/8/2009, § 6)
Before commencing any action in the nature of a violation of this Part, the Township of Plains Zoning and Code Enforcement Officer shall first give notice to the person charged with violating this Part. Such notice shall be in writing and shall be served personally upon such person or by posting a copy of such written notice on the premises or attaching a copy of the written notice shall be sent by United States Postal Service, certified mail, return receipt requested, to the owner of the land, building, structure or premises in or on which the appliance is located at the owner’s last known address. The notice shall specify that failure to remedy the violation within ten days of the date of personal service of 12 days from the date of mailing may result in penalties to be levied against the owner of the premises if the specified violations are not remedied.
(Ord. 2009-2, 1/8/2009, § 7)
1. A violation of any provision of this Part shall constitute a summary offense and shall be enforced by the commencement of an action before a magisterial district judge in the same manner provided for enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Civil Procedure. The Solicitor of the Township of Plains may assume charge of the prosecution of such violations in a manner consistent with the Pennsylvania Rules of Criminal Procedure relating to trial of summary cases, as the same may be amended from time to time. [A.O.]
2. Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense. [A.O.]
3. In addition to all other remedies provided herein for violations of this Part, the Township of Plains shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with the provisions of this Part.
(Ord. 2009-2, 1/8/2009, § 8; as amended by A.O.)
Part 2
Brush, Grass and Weeds
Brush, Grass and Weeds
It shall be unlawful for any person owning or occupying any property within the Township of Plains to permit any grass or weeds or any vegetation whatsoever not edible or planted for some useful or ornamental purpose to grow or remain upon such premises so as to exceed a height of eight inches, or to throw off any unpleasant or noxious odor, or to conceal any filthy deposit or to create or produce pollen, provided that the cutting of such grass, weeds or other vegetation twice a month in the months of May, June, July, August and September and the removal of the grass, weeds or other vegetation so cut shall be deemed evidence that no violation of this Section shall have been created.
(Ord. 5/29/1975, § 12-1)
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